The Blog of International Judicial Assistance | By Ted Folkman of Pierce Bainbridge

Posts tagged “Canada”

The case of the day is DeTray v. AIG Insurance Co. (W.D. Wash. 2018). Tammy and Gregory DeTray, who resided in Washington, were in the business of providing “pilot vehicles,” those cars with flags on them that accompany tractor trailers with oversize loads on the highways. In 2013, one of these trucks collided with a bridge in Washington, causing the bridge to collapse. Tammy DeTray was driving the pilot vehicle accompanying the truck. The truck was owned and operated by Mullen Trucking 2005 Ltd., a Canadian corporation, which was insured by Northbridge General Insurance Corporation, a Canadian insurance company. AIG was the excess insurer. The State of Washington sued Mullen and DeTray in the Skagit County (Washington) Superior Court. Mullen brought cross-claims against DeTray.…

The case of the day is Parfitt Way Management Corp. v. GSM by Nomad, LLC (N.D.N.Y. 2018). The main claim was for breach of contract for the refurbishment of a trailer. Parfitt sued Guillaume Langevin and Steve Clement on a veil-piercing theory, alleging that they were personally liable for GSM’s alleged breaches for reasons that are not important for our purposes. Langevin and Clement moved to dismiss for insufficient service of process.

The Court of Appeal for Ontario has affirmed the Superior Court’s decision holding that the Lago Agrio plaintiffs cannot reach the assets of Chevron’s indirect subsidiary in Canada to satisfy the judgment against Chevron they obtained in Ecuador.